9885. Adulteration   and misbranding of   simple   sirup.     U.   S.     *      *     *     v.
Bump   Confectionery   Co.,   a   Corporation.     Plea   of   guilty.     Fine, 
$100 and costs.     (P. & D. No. 14732.    I. S. No. 9304-r.)
On June 20, 1921, the United States attorney for the Eastern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Bump Confectionery Co., a corporation, Anna, Ill., alleging shipment by 
said company, in violation of the Food and Drugs Act, on or about February 18, 
1920, from the State of Illinois into the State of Missouri, of a quantity of 
simple sirup which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it was a dilute sugar sirup containing benzoate of 
soda. It contained 57.6 per cent by weight, or 728.64 grams per 1,000 cc., of 
sucrose.
Adulteration of the article considered as a drug was alleged in the informa- 
tion for the reason that it was sold under and by a name recognized in the 
United States Pharmacopoeia and differed from the standard of strength, 
quality, and purity as determined by the test laid down in said Pharmacopoeia, 
official at the time of investigation, in that the said Pharmacopoeia required 
that in 1,000 mils of the said article there should be present 850 grams of 
sugar, whereas in 1,000 mils of the said article there was present a less amount
than 850 grams of sugar, to wit, 728.64 grams, and the standard of the strength, 
quality, and purity of the said article was not declared on the container there- 
for. Adulteration of the article considered as a food was alleged for the 
reason that a substance, to wit, water in excess of the permitted amount, had 
been mixed and packed therewith so as to lower and reduce and injuriously 
affect its quality and strength and had been substituted in part for " Simple 
Syrup," which the article purported to be. Adulteration was alleged for the 
further reason that a substance, benzoate of soda, which was not declared on 
the label, had been mixed with the said article in a manner whereby damage 
and inferiority were concealed. Adulteration was alleged for the further 
reason that the package or container of the article was not plainly labeled to 
show the presence and amount of benzoate of soda contained therein, whereas, 
in truth and in fact, the said article contained .10 per cent benzoate of soda.
Misbranding of the article considered as a drug was alleged for the reason 
that the statement, to wit, " Simple Syrup," borne on the barrels and cans 
containing the article, concerning the article and the ingredients contained 
therein, was false and misleading in that it represented that the said article 
contained a sugar content of 850 grams per 1,000 mils as required by the 
United States Pharmacopoeia, whereas, in truth and in fact, it did not con- 
tain a sugar content of 850 grams per 1,000 mils but did contain a less amount, 
to wit, 728.64 grams. Misbranding was alleged for the further reason that the 
said article was a product labeled and sold under the name of " Simple Syrup," 
composed of an excess amount of water and an insufficient amount of sugar, 
prepared in imitation of, and offered for sale under the name of, another 
article, to wit, " Simple Syrup." Misbranding was alleged for the further 
reason that the article contained benzoate of soda, and the label on the con- 
tainers of the said article bore no statement of the amount or percentage of 
benzoate of soda contained therein, so as to deceive and mislead the purchaser 
thereof into the belief that the article was of full strength and required no 
preservative. Misbranding of the article considered as a food was alleged for 
the reason that the statement, to wit, " Simple Syrup," borne on the said labels, 
was false and misleading in that it represented to the purchaser thereof that 
the said article contained the required sugar content and did not contain more 
than 35 per cent of water, and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that it was 
pure " Simple Syrup " made in accordance with the requirements laid down in 
the United States Pharmacopoeia or the requirements of the United States 
Department of Agriculture for the said article, whereas, in truth and in fact, 
the said article did not come up to either standard but did contain a sugar 
content less than said standards and said article did contain more than 35 
per cent of water.
On August 18, 1921, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $100 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.